Generally speaking you draft your contract to limit liability.
Utilities locate their own facilities, so you don’t have to worry about that liability.
Public utilities have maps or some other means to show a locate company approximately where their facilities are located. It is their responsibility to know where their facilities are located all over their territory.
Private owners of underground infrastructure, whether businesses or homeowners, have the responsibility to protect their assets as well. They must know (or have an idea of) where their utilities are located.
Sadly, most have no clue what they own that’s buried in their yard (or facility).
When you locate for these private assets, the HO needs to help you by telling you where certain points are located. Such as “ here is where the line leaves the house and feeds the garage” after that, you take over and locate the line. Again, most can’t even tell you that, so it becomes your job (not responsibility) to sleuth out their facilities.
For this reason you draft a contract along the lines of:
“shall be limited to the amount of earned fee and extend only to the Client should (your company) commit negligent acts.“
include in there somewhere a disclaimer that your company will not be liable for any exemplary, punitive or consequential damages of any nature.
Here is one I read in a contract submitted a few years back..
“(your company) provides a service to reduce risk. Due to the nature of this type of work we cannot guarantee accuracy or omissions in locating underground utilities, and disclaim all liability for any damages based on information provided. (your company)has experienced locators and will perform our work in accordance with the standards customarily provided by an experienced and competent organization rendering the same services.”
FWIW, I own a Dynatel 573A sheath fault locator and a “pipe horn”. the Dynatel is probably one of the best locators for finding broken or blown out underground electric lines I have ever used.
I used to locate some for individuals years ago. I always told them I wasn’t responsible for what they tore up after I located the line. And if they didn’t tell me a sprinkler line was in the yard, I don't know to look for it.
Also I couldn’t locate lines that didn’t have a copper wire with it..
”daylighting” or ”potholing” is gaining in popularity now with many private locators. This way the HO (and you) know you have found what you said was below.
